Driver’s Terms of Use for SMARTRUNR Mobile Application of Passenger Pick and Drop Service and Goods Delivery in India

Welcome to SMARTRUNR! Please read these terms of use carefully before using our mobile application. These Terms govern your use of the App provided by HADMS SOLUTIONS PVT LTD

Driver’s Goods Vehicle and Passenger Vehicle Terms & Conditions

These terms and conditions applies to the SmartrunR app (hereby referred to as “Application”) for mobile devices that was created by HADMS SOLUTIONS PVT LTD (hereby referred to as “Service Provider”) as a Commercial service.

 

Upon downloading or utilizing the Application, you are automatically agreeing to the following terms. It is strongly advised that you thoroughly read and understand these terms prior to using the Application. Unauthorized copying, modification of the Application, any part of the Application, or our trademarks is strictly prohibited. Any attempts to extract the source code of the Application, translate the Application into other languages, or create derivative versions are not permitted. All trademarks, copyrights, database rights, and other intellectual property rights related to the Application remain the property of the Service Provider.

 

The Service Provider is dedicated to ensuring that the Application is as beneficial and efficient as possible. As such, they reserve the right to modify the Application or charge for their services at any time and for any reason. The Service Provider assures you that any charges for the Application or its services will be clearly communicated to you.

 

The Application stores and processes personal data that you have provided to the Service Provider in order to provide the Service. It is your responsibility to maintain the security of your phone and access to the Application. The Service Provider strongly advise against jailbreaking or rooting your phone, which involves removing software restrictions and limitations imposed by the official operating system of your device. Such actions could expose your phone to malware, viruses, malicious programs, compromise your phone’s security features, and may result in the Application not functioning correctly or at all.

 

Please be aware that the Service Provider does not assume responsibility for certain aspects. Some functions of the Application require an active internet connection, which can be Wi-Fi or provided by your mobile network provider. The Service Provider cannot be held responsible if the Application does not function at full capacity due to lack of access to Wi-Fi or if you have exhausted your data allowance.

 

If you are using the application outside of a Wi-Fi area, please be aware that your mobile network provider’s agreement terms still apply. Consequently, you may incur charges from your mobile provider for data usage during the connection to the application, or other third-party charges. By using the application, you accept responsibility for any such charges, including roaming data charges if you use the application outside of your home territory (i.e., region or country) without disabling data roaming. If you are not the bill payer for the device on which you are using the application, they assume that you have obtained permission from the bill payer.

 

Similarly, the Service Provider cannot always assume responsibility for your usage of the application. For instance, it is your responsibility to ensure that your device remains charged. If your device runs out of battery and you are unable to access the Service, the Service Provider cannot be held responsible.

 

In terms of the Service Provider’s responsibility for your use of the application, it is important to note that while they strive to ensure that it is updated and accurate at all times, they do rely on third parties to provide information to them so that they can make it available to you. The Service Provider accepts no liability for any loss, direct or indirect, that you experience as a result of relying entirely on this functionality of the application.

 

The Service Provider may wish to update the application at some point. The application is currently available as per the requirements for the operating system (and for any additional systems they decide to extend the availability of the application to) may change, and you will need to download the updates if you want to continue using the application. The Service Provider does not guarantee that it will always update the application so that it is relevant to you and/or compatible with the particular operating system version installed on your device. However, you agree to always accept updates to the application when offered to you. The Service Provider may also wish to cease providing the application and may terminate its use at any time without providing termination notice to you. Unless they inform you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must cease using the application, and (if necessary) delete it from your device.

1. Use of the App

  • Eligibility: You must be at least 18 years old and capable of entering into a legally binding agreement to use the App. By using the App, you represent and warrant that you meet these eligibility requirements.
  • License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to download, install, and use the App for its intended

 

2. Acceptance of Terms for Driver’s Goods Vehicle

  • You shall not have more than one active account on the platform. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party.
  • Passengers have the legal right to sue the driver for injuries sustained in a motor accident. The ability to sue will depend on the circumstances of the accident and the extent to which the driver is deemed responsible for the injuries.
  • Driver shall intimate any complaints with respect to the platform services within 48 (Forty Eight) hours of using such services.
  • SmartrunR application or owner of the application is not responsible for any loss/ damage of goods or items by driver or user.
  • SmartrunR application or owner of the application is not responsible for any accidental damage of the vehicle or goods or items.
  • Passengers are not allowed in the goods vehicle if the user booked goods
  • Goods are not allowed in the passenger vehicle if the user booked passengers vehicle.
  • The users may place orders, you(Driver) shall be responsible for safely pick-up and drop-off the goods/ items.
  • Driver’s responsibility to ensure that the goods/ items are dropped off at the correct drop off location.
  • Its driver responsibility to check the number of goods and packing of the goods/items ,in order to prevent misunderstanding between both the parties at the time of pick up or drop off.
  • In case of long distance travel, driver must check the working condition of the vehicle and fuel, and should make sure that goods are delivered on time to the customer.
  • If goods/ Items moving from one place to another place then the owner of the application is not responsible for any loss/ damages of the goods and Driver should take care of customers goods or items until drop off at the destination place.
  • SmartrunR or owner of the application is not responsible for loss or damage of the goods while transacting from one location to another location within India.
  • Vehicle permit and required documents as per law is mandatory if Driver is travelling from one state to another state.
  • Vehicles should not be more than 10 years old
  • Vehicle insurance should be up to date and valid.

 

3. Acceptance of Terms for Driver’s Passenger Vehicle

An act of breaking a law, promise, agreement, or relationship

  • Driver should only call the customer at the time of arrival at the pick-up point and not make any calls to the customer once the ride is completed and should not ask any irrelevant information.
  • Driver should not ask for tips from the
  • Driver should have sufficient change to give to customer after billing in case of cash payment.
  • Driver is not supposed to stop the vehicle for any of his personal work and ensure the fuel is sufficient for dropping the customer.
  • Driver should be neatly dressed and shall maintain personal
  • Driver may manage the luggage (both at pick-up point and drop point).
  • Driver shall keep the vehicle and the ambience of the vehicle
  • Driver should avoid loud music and also should not horn Driver should not behave in an unpleasant manner with the customer.
  • Driver should not smoke inside the vehicle and should not chew any masala or any other food item while a ride is in progress.
  • Driver should follow the google maps or application maps to follow the route instructions in case if the route is too long(wrong route) then based on passengers instructions driver can move on with the ride.
  • Driver should not share the customer’s contact details to any other third
  • Driver should make himself available in the network area at time of pick-up point, so that customer can reach through phone.
  • Driver should behave in a well-mannered way to the customer with the low voice and gratitude.
  • Driver should not do anything like abusing the Customer, talking to Customer or any such behaviour which shall make the Customer feel uncomfortable during journey. Driver should not discriminate against customer for any reason, including on the basis of sex, race, caste, creed, religion, disability or nationality
  • Driver should not use mobile phones while ride is in progress, and not allowed to do SMS, voice call and any other activities related to mobile phone.
  • Driver can cancel the ride if vehicle is not in good condition, and should intimate the same to the SmartrunR customer care team.
  • Once the driver accept the ride then driver should not switch off his/ her mobile phone until ride ends.
  • Driver should hand over the luggage or bags to the office, if the Customer has mistakenly left any luggage in his cab or the Driver should call to the Customer and inform him that he has forgotten his belonging in the cabs.
  • Driver responsibility is to hand over the luggage or bags to customer or SmartrunR office which are missed by the customer in the vehicle.
  • Driver should follow all the traffic rules including the traffic
  • Driver should wear seat belt during
  • Driver should not ask the customer to get down from his/her vehicle in between the journey, even if any misunderstanding or verbal fights happen between the customer and the driver. If vehicle gets breakdown then driver should call the SmartrunR customer care number and make arrangement for another vehicle at any cost for the customer and drop the customer to the drop location.
  • Driver should not allow any person apart from the
  • In case of long distance travel, driver must check the working condition of the vehicle and fuel, and should make sure that goods are delivered on time to the customer.
  • SmartrunR or owner of the application is not responsible for any of the loss or damage caused by either driver or passenger or any third party while transacting from one location to another location within India.
  • Vehicle permit and required documents as per law is mandatory if Driver is travelling from one state to another state.
  • Vehicles should not be more than 10 years old
  • Vehicle insurance should be up to date and

 

3. Below are the prohibited items

SmartruR Services will not allow to delivery or transport the below items which are illegal and restricted by the government law.

Flammable items, firearms or parts thereof and ammunition. firecrackers,

cyanides, precipitates,

gold and silver ore,

precious metals and stones, jewellery, semi-precious stones

commercial carbons or industrial diamonds, currency (paper or coin) of any nationality

securities (including stocks and bonds, share certificates and blank signed share transfer forms)

coupons, stamps, and any dangerous instruments.

cashier’s cheques, travellers’ cheques, money orders, credit/debit/ATM cards, antiques, works of art, passports.

Lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material.

Human body parts such as organs, blood, urine and other liquid diagnostic specimens, dangerous or bio-chemical waste, ice, pornographic materials, contraband/ black market, bottled alcoholic beverages or any drugs, intoxicant or narcotics.

In case if the driver carries any of the above illegal items and which are against the government law without prior informing the owner of the plat form in such scenario owner or the company is not responsible, and the driver will be sued for the legal action.

 

4. Prohibited Activities: You agree not to:

Use the App for any illegal or unauthorized purpose.

Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App.

Violate any applicable laws or regulations.

Attempt to gain unauthorized access to the App or its related systems or networks.

 

Driver should follow the below speed limit

  1. With in the city limit is 50 KMs per
  2. With in the state highway limit is 60 KMs per
  3. With in the national highways limit is 80 KMs per
  • Driver should not apply sudden breaks and should not take sharp turns that may effect to the customer or goods/ items.
  • Driver should carry the required documents like driving license, vehicle RC, vehicle insurance, Emission test(if applicable), etc, when driver is on duty.
  • Driver should not sleep and should not have alcoholic drinks, narcotic, drugs while driving.
  • SmartrunR application or owner of the company is not responsible for any loss/ damage of goods or items by driver or customer.
  • SmartrunR application or owner of the company is not responsible for any accidental damage of the vehicle or goods or items.
  • Goods or Items are not allowed in the passenger vehicle if the customer booked passenger vehicle.
  • Passengers are not allowed in the goods vehicle if the customer booked goods vehicle

 

5. Services

  • Relationships: We act solely as a technology platform connecting Users with Drivers and Delivery Partners. We are not a party to any agreement between Users and Drivers/Delivery Partners for Services or delivery of Items.

 

6. Responsibilities

  • Registration: To use certain features of the App, you may be required to register an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use of your account.
  • Use of Information: By using the App, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

 

7. Intellectual Property

  • Ownership: The App and its content, including text, graphics, logos, and images, are owned by us or our licensors and are protected by intellectual property laws.
  • License Grant: We grant you a limited, non-exclusive, non-transferable license to use the App and its content for personal, non-commercial purposes.

 

8. Limitation of Liability

  • Disclaimer: To the fullest extent permitted by law, we disclaim all warranties, express or implied, regarding the App and its use, including warranties of merchantability, fitness for a particular purpose, and non-
  • Limitation of Liability: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the App, even if we have been advised of the possibility of such damages.

 

9. Modification and Termination

  • Modification: We reserve the right to modify, suspend, or discontinue the App or any part thereof at any time without notice.
  • Termination: We may terminate your access to the App or suspend your account at our sole discretion, without prior notice, for any reason, including if we believe you have violated these Terms.

 

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

 

11. Cancellation & Refund Policy

  • Customer may cancel the booking before driver comes to pick-up location, the company never charge any cancellation fee.
  • If the ride is cancelled by the driver after acceptance, in this case the initial paid advance amount will be refunded back to the customer.
  • If the customer is not responding once the driver reaches to the customer pick-up location and waited for above 10 minutes or more, then in this case the advance amount received from the customer will be credited to drivers
  • The cancellation charges may vary depending on your state/City/ Town, and the vehicle category selected.

 

12. Financial Terms

  • Payment: Driver can add the amount in their wallet to get the booking requests. And also required to pay fees for Services through the You can add the wallet balance through payment methods using credit/debit cards, UPI or other electronic payment methods supported by the App.

 

Changes to These Terms and Conditions

The Service Provider may periodically update their Terms and Conditions. Therefore, you are advised to review this page regularly for any changes. The Service Provider will notify you of any changes by posting the new Terms and Conditions on this page.

These terms and conditions are effective as of 2024-07-10

 

Contact Us

If you have any questions or suggestions about the Terms and Conditions, please do not hesitate to contact the Service Provider at support@smartrunr.com.